Clayton Utz

Clayton Utz is a full-service law firm, and provides legal services in a wide variety of practice areas. The primary focus of the firm is in the realm of commercial law, although it has broad competence in a large number of practice areas.[note 1]

The firm manages the affairs of clients across jurisdictions, and retains dual-qualified lawyers.[note 2] It is a member of international legal networks such as Lex Mundi and the Pacific Rim Advisory Council.[8]

The firm has undertaken several high-profile matters including Toll Holdings' takeover of Patrick Corporation,[9] Mayne Group's de-merger,[10] and Tattersall's historic A$2.17 billion IPO and listing.[11] The firm's corporate team has acted for AMP on its A$14 billion acquisition of AXA Pacific Holdings and represented the Singapore Exchange on its proposed merger with ASX.

Notable clients of the firm include Noble Group, Barrick Gold and Fortescue Metals.[12]

The firm provides pro bono legal services supporting charities, non-profits, and vulnerable clients. The firm claims to average over 50 hours of pro bono work per lawyer at the firm. It employs two partners to run its pro bono practice, which was established in 1997.[13] Although the firm is required to undertake a certain amount of pro-bono work to be eligible for government tenders, it is likely that it exceeds those requirements.[14]

In March 2010, the firm launched an action plan to reconcile with Indigenous Australians.[15] The firm fully offsets its carbon emissions.[16]

It has been alleged that the firm arranged for its clients to destroy legally damaging documents. These allegations arose out of a litigation brought by a smoker Rolah McCabe, against British American Tobacco in 2002. The residing judge for the trial found that Clayton Utz had enabled BAT to engage in a document retention policy which destroyed documents implicating the company. On appeal it was found that the firm's conduct was not unlawful.[17] The court's reasoning was described in the Sydney Morning Herald as 'profoundly unsatisfying'. In reaction to the decision, Victorian laws about document retention were strengthened by parliament.[18]

In 2006 it was revealed that an internal investigation by Clayton Utz had implicated its partner; finding he had engaged in professional misconduct. That partner, Glenn Eggleton, was found to have given 'potentially perjurious' evidence, and to have taken advantage of McCabe's limited life expectancy while conducting the litigation. Eggleton denied these allegations.[19]

In the aftermath of the McCabe litigation Clayton Utz closed its tobacco claims practice.[20]

In 2011 Clayton Utz was sued in negligence for having failed to prevent sexual harassment at the firm. Emails had been circulated among graduate lawyers in the firm about another female graduate lawyer.[21] Clayton Utz was found not liable, as the court did not find that its partners ought reasonably to have prevented the correspondence.[22] The lawyer subject to the lawsuit resigned shortly after settlement of the suit.